Enclosure No. 1.
6
No. 511.
Regulation made by the Governor in Council under section 17 of the Police Force Ordinance, 1900, Ordinance No. 11 of 1900, on the 7th day of September, 1927.
The regulations regarding pensions of European subordinate officers and European constables of the police force, made by the Governor in Council and set forth on pages 276 to 280 of the Regulations of Hong Kong, 1814-1925, amended as appears in Govera- ment Notification No 228 published in the Gazette of the 30th April, 1926, are hereby further amended as follows:
(1) by the addition to regulation 1 of the following,-
"The term "pensioner" as used in these regulations means a person who, having ceased to serve as an officer in the police force, is or except for forfeiture would be in receipt of a pension or a periodical or deferred gratuity or allowance under these regulations"; and
(2) by the deletion of the words "under these regulations" in the first line of
regulation 13; and
(3) by the rescission of regulation 14 and the substitution therefor of the follow-
ing regulation,-
14. Every pension and every periodical or deferred gratuity or allowance is and shall be deemed to have been granted only on the condition that the Governor in Council may order that the same be forfeited and withdrawn in any of the following cases :—
(1) on the conviction of the pensioner before any court in His Majesty's dominions or elsewhere for any crime or offence for which he is sentenced to death, or penal servitude, or any term of imprisonment with hard labour, or any term of imprison- ment of any other kind exceeding twelve months;
(2) on the pensioner becoming bankrupt;
(3) on the pensioner knowingly associating with thieves or suspected
persons;
(4) on the pensioner refusing to give information and assistance to the police whenever in his power, for the detection and appre- hension of criminals, and for the suppression of any disturb- ance of the public peace; or
(5) if the pensioner enters or engages in or continues to carry on any business, occupation or employment, which shall be, in the opinion of the Governor, disgraceful in itself or injurious to the public, or in which he shall make use of the fact of his former employment in the police force in a manner which the Governor considers to be discreditable and improper.
Any pension or periodical or deferred gratuity or allowance ordered to be forfeited and withdrawn as aforesaid shall cease as from the date of the cause of such forfeiture.
Provided that if any question shall arise as to the competency of any court or as to whether any sentence imposed comes within the intendment of the first paragraph of this regulation then the decision of the Governor in Council thereon shall be final and conclusive.
Provided further that any pension, gratuity or allowance ceasing as afore- said shall be restored with retrospective effect in the case of a person who after conviction at any time receives a free pardon. For the purpose of this regulation the enduring of the punishment to which any person has been or may be sentenced shall not be deemed to be or to have the effect of a free pardon.